Gabriel v. Disney Cruise Line

Gabor F. Gabriel (“Gabriel”) appeals an award of attorney’s fees made to Disney Cruise Line (“DCL”), under the offer of judgment statute, following entry of final judgment in favor of DCL. See § 768.79, Fla. Stat. (2011); Fla. R. Civ. P. 1.442. We reverse.

Gabriel filed the underlying action against DCL after he sustained injuries while employed aboard a DCL vessel. His complaint asserted maritime claims for Jones Act negligence, unseaworthiness, and maintenance and cure. The trial court entered final judgment in favor of DCL on all claims, and Gabriel appealed. While the appeal was pending,…